Couple Sue City over Paved Road
Nearly a year and a half after Grove officials thought the matter had been settled, a Grove couple has filed suit against the city in District Court claiming that the city paved on their property without getting their permission.
Harold and Evelyn Lee who live near 68th street in Grove claim that the city paved a private roadway easement on their property and seek damages in excess of $10,000 and removal of the asphalt. They filed a Petition for Injunction Dec. 14 via their attorney, Robert C. Jenkins of Grove.
The paving occurred in 2004 and in July of that year the city offered to settle with the couple or even remove the paving material. "That was the last we heard," said City Manager Bill Galletly this week. "We never heard from them what it was that they wanted us to do about the asphalt," he added, "until the lawsuit was filed."
Galletly explained that there are four homes on property that was previously accessible only by an alleyway behind the homes and three of the home owners had requested paving a road in front of the homes. Surveyors were sent out and the roadway was drawn up on what was believed to be a city easement. It was later determined to be a private easement.
"Three of the homeowners are tickled to death with the road but the Lee's are obviously not," Galletly said.
Harold and Evelyn Lee who live near 68th street in Grove claim that the city paved a private roadway easement on their property and seek damages in excess of $10,000 and removal of the asphalt. They filed a Petition for Injunction Dec. 14 via their attorney, Robert C. Jenkins of Grove.
The paving occurred in 2004 and in July of that year the city offered to settle with the couple or even remove the paving material. "That was the last we heard," said City Manager Bill Galletly this week. "We never heard from them what it was that they wanted us to do about the asphalt," he added, "until the lawsuit was filed."
Galletly explained that there are four homes on property that was previously accessible only by an alleyway behind the homes and three of the home owners had requested paving a road in front of the homes. Surveyors were sent out and the roadway was drawn up on what was believed to be a city easement. It was later determined to be a private easement.
"Three of the homeowners are tickled to death with the road but the Lee's are obviously not," Galletly said.
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